How should we protect our rights if online copyright is infringed
1. Negotiate on your own. If the two Parties can reconcile after the infringement occurs, it will not only allow the copyright owner to realize and safeguard its rights and interests quickly and effectively, but also enable the infringer to avoid damage to his reputation. If the parties are unwilling to negotiate or cannot reach an Agreement, the parties may directly file a civil lawsuit with the court.
2. Mediation. It means that the two parties negotiate to resolve Disputes with the assistance of a third party. The scope of mediators is very wide. Both parties can choose agencies or individuals trusted by Both Parties, such as copyright administrative agencies, people's mediation committees, lawyers, etc., to preside over the mediation. However, mediation must be based on the principle of voluntariness. As long as one party is unwilling to mediate, mediation cannot be forced. The purpose of mediation is to facilitate both parties to reach a consensus agreement, but the mediation agreement has no legal enforceability. As long as one party reneges, the mediation agreement will lose its validity. Mediation is not a necessary procedure for resolving copyright disputes. If the parties are willing to mediate, fail to reach a mediation agreement, or regret after mediation, they Can Directly file a lawsuit in court.
3. Arbitration. Both parties may apply for arbitration to an arbitration institution based on the written arbitration agreement or the arbitration clause in the copyright contract. Arbitration is often limited to contractual disputes, and a submission to arbitration must have a written agreement or a written arbitration clause. A valid arbitration agreement between the parties excludes the jurisdiction of the court, and the arbitration award made by the arbitral tribunal is final. After the award is made, the parties may apply for arbitration again or file a lawsuit with the People's Court for the same copyright dispute. The arbitration committee or the People's Court Will not be accepted. The award made by arbitration is legally binding and must be fulfilled by the parties. If one party fails to perform the arbitration agreement, the other party may apply to the People's Court for enforcement. If the People's Court believes that the arbitration award should not be enforced under statutory circumstances, the parties may re-enter an arbitration agreement and apply for arbitration based on the arbitration agreement, or they may directly file a lawsuit with the People's Court.
4. Civil litigation. After a copyright dispute occurs, if both parties are unwilling to negotiate or fail to reach an agreement; are unwilling to mediate the agreement or regret it after mediation; and the parties do not have a written arbitration agreement and have not entered into an arbitration clause in the copyright contract; or even though the arbitration award has been However, the People's Court held that arbitrationIf there are circumstances under which the ruling should not be enforced by law, you can directly file a lawsuit with the People's Court. Litigation is the ultimate way to resolve civil disputes. Civil litigation applies to both tort disputes and contract disputes.
Of course, when a copyright owner is infringed by others, he can also apply to the copyright administrative Agency for protection, and the copyright administrative agency will grant him protection based on his application (or ex officio). Administrative penalties for infringers. If the party concerned is dissatisfied with the administrative penalty decision of the copyright administrative authority, he or she may apply for reconsideration or file a lawsuit under the People's Law.
For those infringements that seriously infringe copyright and have constituted a crime, the copyright owner can also report or file a complaint to the relevant department, and the relevant agency will initiate a public prosecution. There is a civil lawsuit attached.
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